Legal News -

Legal News Journal

Legal News Home page Click here to add this website to your favorites
  rss
Bar News Search >>>


Political and Legal - Legal News


Former Penn State assistant football coach Jerry Sandusky appeared in court remotely Tuesday where he said he agreed with his lawyers not to go forward with testimony from an accuser who wants to recant allegations that Sandusky sexually abused him years ago.

The hearing was part of the latest bid by Sandusky's lawyers to secure a new trial for him as his lawyers prepare to go to federal court to seek a new trial after failing repeatedly in state courts.

In court, Sandusky, 82, appeared on a video screen in a spare room in Laurel Highlands state prison, seated at a small table in a maroon-colored shirt looking up at the camera through glasses.

Under questioning, he told Centre County Judge Maureen Skerda he had consulted with his lawyers about the decision not to present the accuser's testimony recanting the allegations from Sandusky's 2012 trial.

"I'm making this decision on advice of counsel," Sandusky said, his arms on the table in front of him, a notepad between them. "Is there anything wrong with that?"

Sandusky, 82, has been serving a decades-long prison sentence since he was convicted of 45 counts of sexual abuse in 2012, after eight young men testified about what happened to them as boys.

Sandusky's lawyer, Jerry Russo, told reporters later that state courts frown on granting new trials based on a witness recantation, seeing it as "inherently unreliable."

Instead, Russo said, he plans to take Sandusky's broader claims for a new trial to federal court — Sandusky's made at least three attempts in state courts — after one more procedural appeal in state court.

Last year, Sandusky's lawyers had asked for a new trial, claiming there were inconsistencies in the accusers' testimony and that their testimony was driven by the possibility of financial gain, coaching by prosecutors and "therapy intended to (help) them reconstruct memories of alleged abuse."

Skerda months ago had refused to hear the claims, except for the recantation of the victim identified in court documents as R.R.

On Tuesday, Russo suggested that it wasn't worth taking the time for the judge to hear and consider the recantation testimony if it has no chance to win a new trial in a state court.

"If that's the only issue that remains for us to litigate, there's no purpose being served litigating it here in state court," Russo said.

Skerda told Russo and Sandusky that withdrawing the request to present the recantation from the accuser, identified in court documents as R.R., meant that it could not be litigated again in state or federal court.

Russo agreed with that assessment, saying "technically" it is true, but also suggested that the recantation could find its way into federal court, saying that "there are other witnesses that can testify" about R.R.'s recantation.

The Pennsylvania Office of Attorney General had said the supposed recantation was "highly suspect" and said it had prepared to rebut the recantation claim with testimony from six witnesses and other evidence.

In a statement, Attorney General David Sunday called Sandusky a "convicted child predator" and said he is making another attempt to "avoid accountability and escape punishment for years of abuse he perpetrated."

Sandusky was the defensive coordinator at one of the country's top football programs under Hall of Fame head coach Joe Paterno. The scandal led to Paterno's firing, and the university paid more than $100 million to people who said they were abused by Sandusky.

Authorities said he found and groomed boys at The Second Mile, a charity he founded for at-risk youth. Sandusky has repeatedly declared his innocence.

R.R., who was 25 years old at trial, testified that when he was 11, Sandusky sexually abused him in the coach's basement in 1998, a transcript shows.



Twenty-five states sued the Trump administration Monday over its latest tariffs, calling them a pretext for replacing import taxes the Supreme Court struck down in February.

The United States last month imposed double-digit tariffs on 59 countries and the European Union, charging that they had not done enough to crack down on imports produced by forced labor. The new tariffs took effect just as the clock ran out on temporary tariffs President Donald Trump had turned to after the Supreme Court defeat.

“After losing at the Supreme Court, the administration is once again trying to illegally raise taxes on families and businesses with a new round of tariffs,” said New York Attorney General Letitia James.

Joining New York in the lawsuit announced Monday are Arizona, California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Kentucky, Massachusetts, Maryland, Maine, Michigan, Minnesota, Nevada, New Jersey, New Mexico, North Carolina, Oregon, Pennsylvania, Rhode Island, Virginia, Vermont, Washington and Wisconsin.

Trump, who argues that high tariffs will revive American manufacturing, last year overturned decades of U.S. policy that favored lower tariffs and ever-freer trade. Invoking the 1977 International Emergency Economic Powers Act, or IEEPA, he imposed double-digit tariffs on imports from almost every country, saying America’s longstanding trade deficit amounted to a national emergency.

But the Supreme Court ruled that IEEPA did not authorize tariffs. The decision forced the administration to send refunds to importers who’d paid the tariffs. Eager to make up the lost revenue, Trump turned to temporary 10% worldwide tariffs. But they expired at midnight July 24.

Now he’s tapping more durable tariffs under Section 301 of the Trade Act of 1974, which permits the president to impose import taxes and other sanctions against countries found to engage in unfair trade practices. Trump used Section 301 to impose big tariffs on China in his first term, and they survived court challenges.



The House is preparing to vote Thursday on a war powers resolution to halt President Donald Trump's attack on Iran, a sign of unease in Congress over the rapidly widening conflict that is reordering U.S. priorities at home and abroad.

It's the second vote in as many days, after the Senate defeated a similar measure along party lines. Lawmakers are confronting the sudden reality of representing the American people in wartime and all that entails — with lives lost, dollars spent and alliances tested by a president's unilateral decision to go to war with Iran.

The tally in the House is expected to be tight, but the outcome will provide an early snapshot of the political support, or opposition, to the U.S.-Israel military operation and Trump's rationale for bypassing Congress, which alone has the power to declare war.

"Donald Trump is not a king, and if he believes the war with Iran is in our national interest, then he must come to Congress and make the case," said Rep. Gregory Meeks, the top Democrat on the House Foreign Affairs Committee.

Meeks said in his nearly three decades in Congress, the hardest votes he has taken have been deciding whether to send U.S. troops to war.

The roll calls are a clarifying moment for the president and the parties just days into the overseas conflict that has quickly carried echoes of the long U.S. wars in Afghanistan and Iraq. Many veterans of those wars have since run for office and now serve in Congress.

Trump's Republican Party, which narrowly controls the House and Senate, largely sees the conflict with Iran not as the start of a new war, but the end of a regime that for decades has long menaced the West. The operation has killed Iran's Supreme Leader Ayatollah Ali Khamenei, which some view as an opportunity for regime change, though others warn of a chaotic power vacuum.

Rep. Brian Mast of Florida, the GOP chairman of the House Foreign Affairs Committee, publicly thanked Trump for taking action against Iran, saying the president is using his own constitutional authority to defend the U.S. against the "imminent threat" the country posed.

Mast, an Army veteran who worked as a bomb disposal expert in Afghanistan, said the war powers resolution was effectively asking "that the president do nothing."

For Democrats, Trump's war with Iran, influenced by Israeli Prime Minister Benjamin Netanyahu, is a war of choice that is testing the balance of powers in the U.S. Constitution.

"The framers weren't fooling around," said Rep. Jamie Raskin, D-Md., arguing that the Constitution is clear that only Congress can decide matters of war.

He said whether lawmakers support or oppose the Trump administration's military action, they should have the debate. "It's up to us, we've got to vote on it."

While views in Congress are largely falling along party lines, there are crossover coalitions. Both the House and Senate resolutions were bipartisan, and are drawing bipartisan support and opposition. The House is also voting on a separate resolution affirming that Iran is the largest state sponsor of terrorism.

The war powers resolution, if signed into law, would immediately halt Trump's ability to conduct the war unless Congress approved the military action. The president would likely veto the measure.

As an alternative, a small group of Democrats has proposed a separate war powers resolution that would allow the president to continue the war for 30 days before he must seek congressional approval. It is not expected to come yet for a vote.

After launching a surprise attack against Iran on Saturday, Trump has scrambled to win support for a conflict that Americans of all political persuasions were already wary of entering. Trump administration officials spent hours behind closed doors on Capitol Hill this week trying to reassure lawmakers that they have the situation under control.

Six U.S. military members were killed over the weekend in a drone strike in Kuwait, and Trump has said more Americans could die. Thousands of Americans abroad have scrambled for flights, many lighting up the phone lines at congressional offices as they sought help trying to flee the Middle East.

Defense Secretary Pete Hegseth said that the war could extend eight weeks, twice as long as the president first estimated. Trump has left open the possibility of sending U.S. troops into what has largely been a bombing campaign by air. Hundreds of people in the region have died.

The administration said the goal is to destroy Iran's ballistic missiles that it believes are shielding its nuclear program. It has also said Israel was ready to act against Iran, and American bases would face retaliation if the U.S. did not strike first. On Wednesday, the U.S. said it torpedoed an Iranian warship near Sri Lanka.



A military court in Congo on Thursday sentenced 25 people, including the leader of a rebel coalition, to death after a high-profile televised trial that started late last month.

Corneille Nangaa, leader of the Alliance Fleuve Congo, or AFC, was found guilty of war crimes, participation in an insurrection and treason. Naanga and 19 other defendants sentenced to death were absent from the trial as they are currently on the run.

“This nauseating judicial saga reinforces our struggle for democratic normality in Congo,” Nangaa told the Associated Press in a text message from an undisclosed location.

The AFC is a political-military movement launched by Nangaa in December with the aim of uniting armed groups, political parties and civil society against Congo’s government. One of its most renown members is the M23, an armed group accused of mass killings in eastern Congo’s decadeslong conflict.

Congo’s president Felix Tshisekedi, along with U.S. and U.N. experts, accuse neighboring Rwanda of giving military backing to M23. Rwanda denies the claim, but in February it effectively admitted that it has troops and missile systems in eastern Congo to safeguard its security, pointing to a buildup of Congolese forces near the border.

The court’s decision against Nangaa follows the announcement of a cease-fire between Congo and Rwanda last week following talks mediated by Angola. The cease-fire took effect on Sunday but prospects are slim with previous truces not lasting more than a few weeks and fighting having already resumed near the border with Uganda.

The death sentence against Nangaa might be a way to have more leverage in possible future negotiations with Rwanda or the armed groups themselves, Yvon Muya, a conflict studies researcher at Saint Paul University, said.

The decadeslong conflict in eastern Congo has produced one of the world’s worst humanitarian crises, with over 100 armed groups fighting in the region, most for land and control of mines with valuable minerals. Some are fighting to try to protect their communities.

Many groups are accused of carrying out mass killings, rapes and other human rights violations. The violence has displaced about 7 million people, including thousands living in temporary camps. Many others are beyond the reach of aid.




Donald Trump’s landmark hush money trial turns on the testimony of a prosecution witness who told lies on the stand and cannot be trusted, a defense lawyer said Tuesday during closing arguments as he pressed jurors for an acquittal in the first criminal case against a former American president.

The arguments, expected to last the entire day, give attorneys one last chance to address the Manhattan jury and to score final points with the panel before it starts deliberating Trump’s fate.

“President Trump is innocent. He did not commit any crimes, and the district attorney has not met their burden of proof, period,” said defense attorney Todd Blanche, who said the evidence in the case should “leave you wanting.”

In an hourslong address to the jury, Blanche attacked the foundational premises of the case, which charges Trump with conspiring to conceal hush money payments prosecutors say were made on his behalf during the 2016 presidential election to stifle a porn actor’s claim that she had a sexual encounter with Trump a decade earlier.

Blanche countered the prosecution’s portrayal of Trump as a detail-oriented manager who paid dutiful attention to the checks he was signing and rejected the idea that the alleged hush money scheme amounted to illegal interference in the election.

“Every campaign in this country is a conspiracy to promote a candidate, a group of people who are working together to help somebody win,” Blanche said.

After more than four weeks of testimony, the summations tee up a momentous and historically unprecedented task for the jury as it decides whether to convict the presumptive Republican presidential nominee in connection with the payments.

Because prosecutors have the burden of proof, they will deliver their arguments last.

Prosecutors will tell jurors that they have heard enough testimony to convict Trump of all charges while defense attorneys aim to create doubts about the strength of the evidence by targeting the credibility of Michael Cohen. Trump’s former lawyer and personal fixer pleaded guilty to federal charges for his role in the hush money payments and served as the star prosecution witness in the trial.

“You cannot convict President Trump of any crime beyond a reasonable doubt on the word of Michael Cohen,” Blanche said, adding that Cohen “told you a number of things that were lies, pure and simple.”

After closing arguments, the judge will instruct the jury on the law governing the case and the factors the panel can take into account during deliberations. Trump faces 34 felony counts of falsifying business records, charges punishable by up to four years in prison. He has pleaded not guilty and denied any wrongdoing. It’s unclear whether prosecutors would seek imprisonment in the event of a conviction, or if the judge would impose that punishment if asked.

The case centers on a $130,000 payment Cohen made to porn actor Stormy Daniels in the final days of the 2016 election to prevent her from going public with her story of a sexual encounter she says she had with Trump 10 years earlier in a Lake Tahoe hotel suite. Trump has denied Daniels’ account, and his attorney, during hours of questioning in the trial, accused her of making it up.


Pierce Brosnan, whose fictitious movie character James Bond has been in hot water plenty of times, is now facing heat in real life, charged with stepping out of bounds in a thermal area during a recent visit to Yellowstone National Park.

Brosnan walked in an off-limits area at Mammoth Terraces, in the northern part of Yellowstone near the Wyoming-Montana line, on Nov. 1, according to two federal citations issued Tuesday.

Brosnan, 70, is scheduled for a mandatory court appearance on Jan. 23 in the courtroom of the world’s oldest national park. The Associated Press sent a request for comment to his Instagram account Thursday, and email messages to his agent and attorney.

Yellowstone officials declined to comment. Brosnan was in the park on a personal visit and not for film work, the U.S. Attorney’s Office for Wyoming said.

Mammoth Terraces is a scenic spot of mineral-encrusted hot springs bubbling from a hillside. They’re just some of the park’s hundreds of thermal features, which range from spouting geysers to gurgling mud pots, with water at or near the boiling point.

Going out-of-bounds in such areas can be dangerous: Some of the millions of people who visit Yellowstone each year get badly burned by ignoring warnings not to stray off the trail.

Getting caught can bring legal peril too, with jail time, hefty fines and bans from the park handed down to trespassers regularly.

In addition to his four James Bond films, Brosnan starred in the 1980s TV series “Remington Steele” and is known for starring roles in the films “Mrs. Doubtfire” and “The Thomas Crown Affair.”


Justice Sandra Day O’Connor, the first woman to serve on the U.S. Supreme Court, was remembered Monday as a trailblazer who never lost sight of how the high court’s decisions affected all Americans.

O’Connor, an Arizona native who was an unwavering voice of moderate conservatism for more than two decades, died Dec. 1 at age 93. Mourners at the court on Monday included Vice President Kamala Harris, the first woman to serve in her role, and her husband Doug Emhoff.

Supreme Court Justice Sonia Sotomayor spoke at a private ceremony that included the nine justices and retired Justice Anthony Kennedy, as well as O’Connor’s family and court colleagues.

She would often say, ‘It was good to be the first, but I don’t want to be the last,’” Sotomayor said of O’Connor’s distinction as the first woman. She lived to see a record four women serving on the high court.

“For the four us, and for so many others of every background and aspiration, Sandra was a living example that women could take on any challenge, could more than hold their own in any spaces dominated by men and could do so with grace,” Sotomayor said.

O’Connor’s body lay in repose after her casket was carried up the court steps with her seven grandchildren serving as honorary pallbearers. It passed under the iconic words engraved on the pediment, “Equal Justice Under Law,” before being placed in the court’s Great Hall for the public to pay their respects.

Funeral services are set for Tuesday at Washington National Cathedral, where President Joe Biden and Chief Justice John Roberts are scheduled to speak.

O’Connor was nominated in 1981 by President Ronald Reagan and confirmed by the Senate, ending 191 years of male exclusivity on the high court. A rancher’s daughter who was largely unknown on the national scene until her appointment, she received more letters than any other member in the court’s history in her first year and would come to be referred to by commentators as the nation’s most powerful woman.

O’Connor had “an extraordinary understanding of the American people,” and never lost sight of how high court rulings affected ordinary Americans, Sotomayor said.

She was also instrumental in bringing the justices together with regular lunches, barbecues and trips to the theater. “She understood that personal relationships are critical to working together,” the justice said.

Breaking Legal News  |  Headline News  |  Law Center  |  Legal Business  |  Court News  |  Law Firm News  |  Legal Interviews |  Political and Legal
Practice Focuses  |  Legal Spotlight  |  Events & Seminars  |  Legal Marketing  |  Court Watch  |  Immigration  |  Press Releases
International  |  Politics  |  Justice Stories  |  Web Design for Law Firms  |  Celebrity Courthouse
Lawyer Website Design For Sole Practitioners
© The Legal News Journal. All rights reserved.